Federal Register - January 1, 1938
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Source: Federal Register
FEDERAL REGISTER, Saturday, January 1, 1938
4
b Each such application shall comply with the provi sions of rule 2 as to number of copies, form, and execution.
c Each such application shall contain the statements prescribed by rule 12E-4 with respect to applications for re ports on plans:
id I f the plan proposed includes acquisition of assets or securities or issuance of securities, the application, in addi tion to other appropriate matters, shall include the infor mation required by sections 6 b , or 7, or 10 and: the rules, regulations and forms thereunder. The Commission, at the time when it issues its order approving or withholding ap proval of the plan, will determine whether or not the require ments of said sections are satisfied, subject, however, to retention of jurisdiction as provided in paragraph e hereof.
I f it is not feasible to set forth in such application, as initially filed, all the terms and conditions of any such transaction, or definitive documents and specifications with respect there to, or for all of the persons required by any such rule or form or provision of the Act to join in applications thereunder, to join in such application, such matters, together with such definitive documents and specifications, may be supplied and such persons may so join by amendment. Such amendment may be filed either prior or subsequent to the order of the Commission approving such plan, but shall be filed prior to the carrying out of any such act or transaction proposed in such plan. In the case of any person so joining by amend ment in an application with respect to a plan theretofore filed by any other person, such amendment shall specify the extent to which the person executing such amendment rati fies and adopts the statements contained in the application as theretofore filed or amended.
e Notwithstanding that the Commission shall have ap proved any plan of reorganization, it shall, however, retain jurisdiction to consider any amendments filed subsequent to such approval pursuant to paragraph d of this rule, or any amendments modifying the plan. In the case of amendments not substantially modifying the plan as ap proved by the Commission or only submitting definitive docu ments and specifications pursuant to the requirements of said paragraph d , the Commissions inquiry shall be limited to whether or not any matter not theretofore passed upon by it is appropriate to carry out the provisions of the plan as theretofore approved and consistent with the require ments of the Act.
/ Any proceeding upon any amendment within the scope of paragraph d or e of this rule shall be deemed to be supplementary to, and a part of, the proceedings initiated by the filing of an application for the approval of such plan. Unless otherwise required by order of the Commis sion, notice of such supplementary proceedings need not be given to any person who has not theretofore entered his appearance in the proceedings with respect to such plan.
By the Commisison.
seal
F r a n c is P . B rassor ,
Secretary.
P . R. Doc. 38-5; Piled, December 31,1937; 12:36 p. m.
United States of America Before the Securities and Exchange Commission A t a regular session of the Securities and Exchange Com mission, held at its office in the City of Washington, D. C., on the 30th d.ay of December, A. D. 1937.
File No. 46-84
I n t h e M a t t er o f C u m b e r l a n d C o u n t y P o w e r a n d L ig h t C om pany order a p p r o v in g
a c q u is it io n
of
s e c u r it ie s
Cumberland County Power and Light Corporation, a sub sidiary of a registered holding company, having filed an application nd amendments thereto with the Commission, pursuant to Section 10 of the Public Utility Holding Com
pany Act of 1935, for approval of the acquisition by it, from The Twin State Gas & Electric Company, of 9,770 shares of $25 par value common stock and of $224,000 principal amount of First and Refunding Mortgage 5-% Gold Bonds, due 1953, of The Berwick & Salmon Falls Company;
A hearing on such application having been held after appropriate n otice;1 the record in this matter having been duly considered; and the Commission having filed its find ings herein;
I t i ordered, That such acquisition of the aforesaid securi ties be and the same hereby is approved subject to the terms and conditions set forth in, and for the purposes repre sented by, said application.
By the Commission.
seal F r a n c is P . B r a sso r , Secretary.
P . R. Doc. 38-6; Piled, December 31,1937; 12:36 p. m.J
United States of America Before the Securities and Exchange Commission At a regular session of the Securities and Exchange Com mission, held at its office in the City of Washington, D. C., on the 29th day of December, A. D. 1937. Pile No. 46-85
I n t h e M a tter o f L e x in g t o n U t il i t i e s C o m p a n y a n d K e n t u c k y S e c u r it ie s C o m p a n y order
pursuant
to
s e c t io n
io
of
p u b l ic
u t il it y
h o l d in g
COMPANY ACT OF 1935
Lexington Utilities Company and Kentucky Securities Company, both subsidiaries of The Middle West Corporation, having filed with this Commission a joint application pur-, suant to Section 10 a 1 of the Public Utility Holding Company Act of 1935 for the approval of the acquisition By Lexington Utilities Company of 5,488 shares of 0% Con-?
vertible Preferred Stock, $20 par value, and 23,124 shares of Common Stock, $10 par value, to be issued by Southeastern!
Greyhound Lines, and for the approval of the acquisition by Kentucky Securities Company of 22,633 shares of 6% Con-vertible Preferred Stock, $20 par value, and 95,368 shares of Common Stock, $10 par value, to be issued,by Southeastern Greyhound Lines;
A hearing having been held on such application after ap-
propriate notice;2 the record in the matter having been duly considered; and the Commission having filed its findings herein;
I t is ordered, That the acquisition of the aforesaid secur ities in the manner set forth in the application be and the same hereby is approved; provided, that the issuance and sale by Southeastern Greyhound Lines of the securities to be acquired is permitted by an order of the Interstate Com merce Commission, and further provided that such acquisi tion be effected by the applicants within thirty days from the date of this order, but, if not so effected, without prejudice to the right of the applicants to request an extension of time;
I t is further ordered, That within ten days after the acqui sition of the securities referred to above, the applicants shall file with this Commission a Certificate of Notification show ing that such acquisition was effected in accordance with the terms and conditions of and for the purposes repre sented by such application; afid within such period of ten days the applicants shall file with this Commission a copy of the order of the Interstate Commerce Commission permit ting the issuance of the securities which werg-acquired.
By the Commission.
seal F r a n c is P . B r asso r , Secretary.
F. R. Doc. 38-4; Filed, December 31,1937; 12:36 p. m.
>2F. R . 3244 D I .
2 2 F. R. 3250 D I .